HJC/HRDLC/HB 24
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AN ACT
RELATING TO LEGAL SERVICES; AMENDING SECTIONS OF THE
COMMUNITY GOVERNANCE ATTORNEY ACT; TRANSFERRING THE DUTIES TO
PUBLICIZE AND ADMINISTER CONTRACTS FOR THE COMMUNITY
GOVERNANCE ATTORNEY AND CONDITIONAL TUITION WAIVER PROGRAM
FROM THE HIGHER EDUCATION DEPARTMENT TO THE UNIVERSITY OF NEW
MEXICO SCHOOL OF LAW; ALLOWING COUNTIES AND MUNICIPALITIES
WITH AT LEAST ONE DESIGNATED COLONIA WITHIN THEIR BOUNDARIES
AND STATE AGENCIES TO HIRE COMMUNITY GOVERNANCE ATTORNEYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-21Q-3 NMSA 1978 (being Laws 2019,
Chapter 43, Section 3, as amended) is amended to read:
"21-21Q-3. COMMUNITY GOVERNANCE ATTORNEY AND
CONDITIONAL TUITION WAIVER PROGRAM CREATED--ADMINISTRATION--
RULEMAKING SELECTION PROCESS--REPAYMENT.--
A. The "community governance attorney and
conditional tuition waiver program" is created and shall be
administered by the department. The department shall:
(1) promulgate rules to implement and
administer the program and for a reasonable living stipend in
consultation with the university; provided that the maximum
living stipend shall be based upon the availability of funds
and information provided by the university regarding the
current cost of attendance at the university; HJC/HRDLC/HB 24
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(2) collect and manage repayment from
students who do not meet their obligations under the program;
and
(3) accept funds for the program, including
grants and donations.
B. The university shall publicize the program to
law students and prospective law students.
C. Participants shall enter the program in their
final year of law school. The commission shall select
participants according to program rules and shall create a
standard process for law students to apply to participate in
the program.
D. The department shall award no more than two new
waivers a year, in addition to renewing existing waivers for
eligible participants, subject to the availability of
funding.
E. Participation in the program shall be evidenced
by a contract between the participant and the department.
The contract shall provide for the payment of a participant's
waiver and shall be conditioned upon the participant
fulfilling the program obligations and meeting the
university's standards for satisfactory academic progress.
An applicant to the program shall sign the contract prior to
being accepted into the program.
F. The contract shall include the following terms HJC/HRDLC/HB 24
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for repayment of the waiver:
(1) interest shall accrue upon termination
of the participant's course of study at the following
interest rates:
(a) eighteen percent per year if the
participant completes a course of study and no portion of the
principal and interest is forgiven pursuant to Subsection G
of this section; and
(b) seven percent per year in all other
cases; and
(2) the maximum period for repayment shall
be ten years, commencing six months from the date the
participant completes or discontinues the course of study.
G. The contract shall provide that the department
forgive fifty percent of a waiver for each year that a
participant is employed full time as a community governance
attorney with a maximum salary not to exceed the entry-level
salary rate paid by the legal service provider."
SECTION 2. Section 21-21Q-4 NMSA 1978 (being Laws 2019,
Chapter 43, Section 4) is amended to read:
"21-21Q-4. COMMISSION--DUTIES.--
A. The "community governance attorney commission"
is created. The commission shall be composed of five members
as follows:
(1) the secretary or the secretary's HJC/HRDLC/HB 24
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designee;
(2) the dean of the university or the dean's
designee; and
(3) three members appointed by the governor;
provided that one member shall be a:
(a) current or past member of the
acequia commission;
(b) current or past member of the land
grant council; and
(c) current or past member of the
colonias infrastructure board and a resident of a colonia.
B. Staff and meeting space for the commission
shall be provided by the university. The commission shall
elect a chair and such other officers as it deems appropriate
and shall meet at the call of the chair. Members of the
commission shall receive per diem and mileage pursuant to the
Per Diem and Mileage Act and shall receive no other
compensation.
C. The commission shall:
(1) make recommendations to the department
on applicants for the program;
(2) advise the department on the adoption of
rules to implement the provisions of the Community Governance
Attorney Act; and
(3) pursuant to the Procurement Code, HJC/HRDLC/HB 24
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solicit proposals for disbursement from the fund for legal
services.
D. The university shall, with the approval of the
commission, enter into contracts for expenditure of the fund
for the purpose of providing free community governance
attorney services for acequias, land grants-mercedes and low-
income residents of colonias on issues regarding the
governance of colonias. The contracts shall be entered into
with the university, counties or municipalities that have
designated at least one colonia within their boundaries,
state agencies or nonprofit organizations whose mission
includes providing a range of legal services to low-income
New Mexicans. No contract shall provide funding in excess of
one-half of a full-time community governance attorney
position and each contract shall be executed only with
service providers that have secured sufficient matching
funding to provide a full-time position."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.